responding to a restraining order in illinois

How to Respond to a Restraining Order | Illinois Orders of Protection

Video by Attorney Kevin O'Flaherty
Article written by Illinois & Iowa Attorney Kevin O'Flaherty
Updated on
November 1, 2019

In this article, we will explain how to respond to a restraining order or order of protection in Illinois, including how to file a response to an Illinois restraining order, what to do at the court hearing, and your right to appeal if the restraining order is entered against you.  

Filing a Response to an Illinois Restraining order

Filing a Response to an Illinois Restraining Order

The first and perhaps most important step in appealing a restraining order is your initial response to the order. If you receive an order while in court, avoid any emotional outbursts and remain respectful as possible. In many cases, the person filing or requesting an order of protection with the court will do so privately. You will then receive a notice either by mail or in-person.  A form with instructions on how to respond will be included in the notice.

The deadline to properly respond once you have received the notice and is rather short.  It is important to follow the instructions immediately and contact an attorney to ensure the proper handling of your case.

Often, the court will issue a temporary restraining order prior to or after the first court date in order to protect the petitioner until a final plenary order can be either issued or denied.  It is important to avoid violating any of the terms of the temporary restraining order. This includes contacting or going near the petitioner or anyone else listed in the order. Failure to obey the order can have serious consequences, such as large fines and potential jail time.

Court Hearings for Illinois Restraining Orders Explained

In addition to instructions on how to respond, the notice will include the date of a court hearing. You must attend this hearing! If you do not show up, the judge will most likely enter a plenary order that lasts up to two years at a time. Once it becomes a plenary order, you do not have the ability to object or challenge the order of protection.

Gather all evidence that supports your argument on why a restraining order should not be filed against you before the initial court hearing. This includes any witnesses (who may have to testify), recordings or documents supporting your claim. Your attorney can help you prepare for what all you need.

The petitioner’s initial reasoning for filing an order of protection will be examined by the judge. You and your attorney then have the opportunity to present your argument with the support of gathered evidence. The judge will then determine whether the petition for a plenary restraining order will be granted or denied.  

Appealing an Illinois Restraining Order

If the restraining order is still placed against you after the initial hearing, you may have the option to file an appeal and request another court date. Again, make sure you have all relevant evidence to support your claim and your compliance with the original order.

Appealing an order of protection is possible if you take the proper actions once you are served the order, and can provide sufficient evidence to support your claim that such an order should not be filed against you.  To learn more about the process for appealing a restraining order or Order of Protection, check out our article: The Illinois Appeals Process Explained.

Additional Financial Considerations
from Financial Experts

From Financial Experts

For many years, financial institutions have been creating a disservice to clients and the industry as a whole for years.
View More Professional Considerations

Presented By O'Flaherty Law

responding to an order of protection

Need Legal Help? 

Schedule a

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Leave a Comment With Your Questions

Read more about

Family Law & Divorce

Disclaimer: Our articles and comment responses do not constitute legal advice and are not intended to create an attorney-client relationship.

Please contact us to schedule a free consultation for legal advice specific to your situation.

Here are some articles that may interest you

Contact us for a Free Consultation

Schedule a free consultation

O'Flaherty Law is happy to meet with you by phone or at our office locations in:

Who We Are
We are your community law firm. Our Illinois & Iowa Attorneys are committed to providing exceptional client service in a cost-effective manner in the areas of Family Law, Probate, Estate Planning, Civil Litigation, Guardianship, Criminal Defense, Corporate & Contract Law, Bankruptcy and Real Estate.

Some of Our Accomplishments

Best Child Support Lawyers in Chicago
DuPage County Probate Attorney
Kevin P. O'Flaherty
Rated by Super Lawyers

loading ...
Naperville attorney
DuPage County Probate Attorney
Business Articles & Podcasts

Subscribe to our mailing list

* indicates required